Date Last Modified: November 11, 2018
Armchair Quarterback (“Armchair Quarterback,” “We,” “Us,” or “Our”) makes the Armchair Quarterback website (“Website”), its mobile application (“App”), and any other services (collectively the “Armchair Quarterback Service”) available for your (“You,” “Your,” “User,” or “Users”) use subject to this Agreement.
FOR ENTERTAINMENT PURPOSES
Armchair Quarterback Services are FOR ENTERTAINMENT PURPOSES ONLY. It is not intended to be gambling or used in connection with gambling.
Promotional Contests are periodically offered for enhanced entertainment to Users and VOID WHERE PROHIBITED BY LAW. Armchair Quarterback does not encourage gambling. If you have questions or concerns about your gaming behavior please consult the National Center for Responsible Gaming at http://www.ncrg.org/
ACCEPTANCE OF TERMS
By creating an Armchair Quarterback Account, downloading the App, using the Website, or participating in any Armchair Quarterback Service, Users: (i) acknowledge that they have read and agree to be bound to and abide by these Terms; (ii) accept and agree to all obligations, rules and scoring systems for each Game or Contest in which they participate; and (iii) represent and warrant that they are authorized and able to accept these Terms. Armchair Quarterback may also issue additional terms, and rules and conditions of participation which are expressly incorporated by reference. Users agree to be subject to them if they participate in such Games or Contests. If a User does not wish to be bound by the Terms, the User must not download, access or use the Armchair Quarterback Service. By declining to accept these Terms, the User will be unable to create an Account or participate in the Armchair Quarterback Service.
Armchair Quarterback reserves the right to change these Terms at any time without prior notice to Users. If Armchair Quarterback modifies these Terms, Armchair Quarterback will update the “Date Last Modified” and such changes will be effective upon posting. If Armchair Quarterback makes what it determines to be material changes to these Terms, Armchair Quarterback will notify Users by prominently posting a notice on the Website and/or App or by sending a notice to the e-mail addresses on file. Users’ continued use of the Armchair Quarterback Service following such changes constitutes acceptance of such changes. If Users do not agree to the changes, their sole remedy is to cease using the Armchair Quarterback Service. If Users breach any of the Terms, their authorization to use the Armchair Quarterback Service automatically terminates.
SOCIAL NETWORKING DISCLAIMER
The Armchair Quarterback Service may be accessible through or provide links to third-party social networking sites and applications, including, without limitation, Facebook, Twitter, Yahoo, Snapchat and Instagram. As a condition of participating in the Armchair Quarterback Service, Users acknowledge and agree that such third parties do not sponsor, endorse, administer, and are in no way associated with, the Armchair Quarterback Service. All questions regarding the Armchair Quarterback Service must be directed to Armchair Quarterback. Users further acknowledge and agree that as a condition of participating in the Armchair Quarterback Service, Users shall release Facebook, Inc., Twitter Inc., Instagram, LLC, and any other third-party social networking services accessible through the Armchair Quarterback Service from any and all liability arising out of Users’ participation in such services. The integration of third-party social networking sites and applications is provided solely as a convenience to Users and Users access and use them entirely at their own risk and subject to such third parties’ terms and conditions.
ARMCHAIR QUARTERBACK RESERVES THE RIGHT TO DENY ACCESS TO THE ARMCHAIR QUARTERBACK SERVICE TO ANYONE AT OUR SOLE DISCRETION.
In addition, the following eligibility criteria apply:
Age Eligibility for Services
To be eligible to create an Account and become a registered User, You must be 13 years of age or over.
Age Eligibility for Prizes
To be eligible to win cash or prizes offered by Armchair Quarterback, You must, at the time of participation: (i) be at least eighteen (18) years of age or (ii) be at least nineteen (19) years of age at time of account registration if you are a legal resident of Alabama or Nebraska or (iii) be at least twenty-one (21) years of age if you are a legal resident of Massachusetts.
Jurisdictional Eligibility for Prizes
In addition to the age eligibility, to be eligible to win cash or prizes You must also be physically located in any of the fifty (50) states and Washington, DC in which participation in the Contests offered is unrestricted by law. Residents of the following states are specifically excluded: Arkansas, Iowa, Louisiana, Michigan, Montana, South Carolina, Tennessee, Vermont and Washington. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the Armchair Quarterback Service.
Any contest offered by Armchair Quarterback is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Armchair Quarterback makes no representations or warranties, implicit or explicit, as to Your legal right to participate in Contests provided through Our Service. You agree that the availability of the Armchair Quarterback Service does not constitute an offer, solicitation or invitation by Us for the use of the Armchair Quarterback Service or participate in a Contest in any Jurisdiction in which such activities are prohibited or restricted.
Appearance of Conflict
Employees, officers, directors, investors, agents, representatives, and subcontractors of Armchair Quarterback or any of its parents, subsidiaries or affiliates, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such are NOT eligible to win prizes. If such persons are deemed to be winners, any prizes won will be forfeited and awarded to the next highest scoring participant that is eligible to win a prize.
To create an Account, You will be required to submit Your name, date of birth, and e-mail address. We collect Date of Birth to assist in providing age-appropriate advertising.
Player and League Names
Any player names or league names must not offend common decency or infringe upon the rights of third parties (including copyrights and trademarks). Armchair Quarterback may alter any names it deems, in its sole discretion, to be offensive or infringing.
Right To Terminate
Users may cancel their Account and terminate their right to use the Armchair Quarterback Service at any time by following the Account cancellation instructions within the Armchair Quarterback Service or contacting support@Armchair Quarterback.com.
Any purchases of Armchair Quarterback Services are for the availability of the service at various times and are non-refundable, whether services are actually used or not.
At no time is an account eligible for a refund.
RULES OF CONDUCT
Conduct that would be deemed improper also includes, but is not limited to:
a) Falsifying personal information;
b) Obtaining any sporting event information, directly or indirectly, before it comes in the public domain at Your location and viewing device;
c) Using automated means (including but not limited to scripts and third-party tools) to interact with the Services in any way;
d) Using Armchair Quarterback Services for commercial purposes
e) Obtaining other entrants’ information and soliciting them for anything other than participation in Armchair Quarterback Services.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Armchair Quarterback from pursuing criminal or civil proceedings in connection with such conduct.
AVAILABILITY OF SPORTING EVENTS AND BROADCASTS
Armchair Quarterback Services rely, in part, on the availability of a televised broadcasts of live sporting events. Not all sporting events may be broadcast on a platform (broadcast or streaming) available to You. Armchair Quarterback shall not be liable for any delay or failure to perform resulting from delay or unavailability of broadcast platforms or any sporting event. In addition, you are responsible for all costs associated with obtaining televised broadcasts and any necessary mobile or wi-fi networks.
Armchair Quarterback Services also rely on its synchronization with live sporting events as viewed on various broadcast platforms. Armchair Quarterback shall not be liable for any delay or failure to perform resulting from latency delays within any viewing platform.
ARMCHAIR QUARTERBACK DOES NOT WARRANT THAT YOU CAN PLAY ANY SPECIFIC GAME ON ANY SPECIFIC PLATFORM.
Armchair Quarterback may periodically offer contests.
Any contests will be governed by specific rules, as may be modified from time to time, which are set forth in the official rules (http://www.Armchair Quarterback.com/official-rules/) and are incorporated into these Terms by this reference. You have the responsibility to review the rules prior to participating in any Contest, and to review the rules for any changes. You agree to abide by the then-current rules for the Contest(s) in which You participate. Your failure to follow the then-current rules for the Contest(s) in which You participate will result in Your immediate and automatic forfeiture of the Contest(s).
Armchair Quarterback endeavors to host fair Contests and exercises reasonable efforts to create a level playing field and prevent cheating. Armchair Quarterback does not guarantee that any instances of cheating will be detected or prevented. Users therefore acknowledge and agree to participate in the Contests at their own risk.
If Armchair Quarterback suspects that a User is violating these Terms, Armchair Quarterback reserves the right to withhold payment of Contest Prizes, terminate the infringing User’s User Account, and ban such individual from future participation in the Contests. We shall not be responsible or liable for cheating that is not detected or prevented or for any resulting losses related thereto.
Results and Winners
The results and winners of each Contest will be determined by Us at Our sole discretion and such determinations are final. Winners will be notified by e-mail or other means of communication available including in-app messages once the final results of a given Contest are determined. By registering an Account and/or participating in any Contest, You unconditionally agree that Armchair Quarterback shall serve as the sole judge and arbiter as to the determination of a winner(s) in all Contests. In the event a dispute arises and agree to cooperate with Our efforts to resolve said dispute.
Armchair Quarterback also reserves the right to cancel contests, in our sole discretion, without any restrictions.
LIMITED LICENSE TO THE ARMCHAIR QUARTERBACK APP
Subject to the terms and conditions of this Agreement, Armchair Quarterback grants Users a limited, non-exclusive and non-transferable license to (i) download, install and use the Armchair Quarterback App solely in connection with the Armchair Quarterback Service on a mobile device owned or otherwise controlled by Users (“Mobile Device”) strictly in accordance with this Agreement and (ii) access and use the Armchair Quarterback Service made available in or otherwise accessible through the Armchair Quarterback App strictly in accordance with this Agreement.
INTELLECTUAL PROPERTY AND NON-COMMERCIAL USE
Content within the Armchair Quarterback Service, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by Armchair Quarterback and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. Armchair Quarterback does not claim ownership of intellectual property owned by third parties.
Users must not access or use for any commercial purposes any part of, or materials available through, the Armchair Quarterback Service.
Users agree to indemnify and hold Armchair Quarterback harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the Armchair Quarterback Service.
Users acknowledge and agree that this Agreement is solely between Users and Armchair Quarterback only, and not with Apple Inc. (“Apple”). Users further acknowledge and agree that:
Apple and its subsidiaries are third-party beneficiaries under this Agreement and that, upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against Users as a third-party beneficiary thereof.
Apple has no responsibility for the iOS Armchair Quarterback App or any included content.
In the event of any failure of the iOS Armchair Quarterback App to conform to any applicable warranty, Users may notify Apple, and Apple will refund the purchase price for the iOS Armchair Quarterback App to Users (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Armchair Quarterback App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty
Apple is not responsible for addressing any of Your claims or those of any third-party relating to the iOS Armchair Quarterback App or Your possession and/or use of the iOS Armchair Quarterback App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS Armchair Quarterback App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation
In the event of any third-party claim that the iOS Armchair Quarterback App or Your possession and use of the iOS Armchair Quarterback App infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
Users acknowledge and agree that this Agreement is solely between Users and Armchair Quarterback only, and not with Google, Inc. (“Google”). Users further acknowledge and agree that:
Google and its subsidiaries are third-party beneficiaries under this Agreement and that, upon Your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against Users as a third-party beneficiary thereof.
Google has no responsibility for the Armchair Quarterback App or any included content.
In the event of any failure of the Android Armchair Quarterback App to conform to any applicable warranty, Users may notify Google, and Google will refund the purchase price for the Android Armchair Quarterback App to Users (if any). To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Android Armchair Quarterback App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
Google is not responsible for addressing any of Your claims or those of any third-party relating to the Android Armchair Quarterback App or Your possession and/or use of the Android Armchair Quarterback App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the Armchair Quarterback App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Android Armchair Quarterback App or Your possession and use of the Android Armchair Quarterback App infringes that third-party’s intellectual property rights, Google will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
Your use of Android Armchair Quarterback App must comply with Google’s then-current Android Market Terms of Service.
INTERACTIVE SERVICES AND USER CONTENT
The Armchair Quarterback Service may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display, or transmit to others content or materials (collectively, “User Content”). User Content must comply with all applicable federal, state, and local laws and regulations.
IF A USER CHOOSES TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON OR THROUGH THE ARMCHAIR QUARTERBACK SERVICE, SUCH USER DOES SO AT HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARMCHAIR QUARTERBACK IS NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD-PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE ARMCHAIR QUARTERBACK SERVICE.
Users may be exposed to User Content that Users may consider to be objectionable and/or inaccurate and that their use of the Armchair Quarterback Service constitutes their acceptance of such risk. Armchair Quarterback does not undertake a review of material before it is posted on or through the Armchair Quarterback Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Armchair Quarterback assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third-party. Armchair Quarterback has no liability or responsibility to anyone for performance or
LIMITATIONS ON WARRANTY AND LIABILITY
Disclaimer of Warranties
Users expressly acknowledge and agree that use of the Armchair Quarterback Service is at their sole risk. Users further acknowledge and agree that the Armchair Quarterback Service are provided on an “AS IS” and “as available” basis. Armchair Quarterback does not warrant that services affiliated with Armchair Quarterback, including, but not limited to, the Website, the Armchair Quarterback App, and the contests and services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
Limitations on Liability
NEITHER ARMCHAIR QUARTERBACK NOR THE ARMCHAIR QUARTERBACK PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE ARMCHAIR QUARTERBACK SERVICE OR ANY ASPECT THEREOF. THE OPERATION OF THE ARMCHAIR QUARTERBACK SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ARMCHAIR QUARTERBACK AND THE ARMCHAIR QUARTERBACK PROVIDERS.
YOU UNDERSTAND AND AGREE THAT NEITHER ARMCHAIR QUARTERBACK NOR THE ARMCHAIR QUARTERBACK PROVIDERS SHALL BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE ARMCHAIR QUARTERBACK SERVICE
BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
Users agree to work with Armchair Quarterback in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to this Agreement or their use of the Armchair Quarterback Service before escalating the Dispute to binding arbitration or litigation, as addressed below. Users must give Armchair Quarterback an opportunity to resolve the Dispute by sending written notification to support@Armchair Quarterback.com with the subject line “DISPUTE” or mailing Armchair Quarterback, 531 Encinitas Blvd., Suite 111, Encinitas, CA 92024.
Written notification of Dispute must include: (i) the User’s name and address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
By entering into this agreement, You agree that all Disputes between You and Armchair Quarterback that cannot be resolved through Armchair Quarterback’s Initial Dispute Resolution procedure shall be resolved exclusively and finally by binding arbitration conducted in San Diego County, California before a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and expedited hearing procedures. The laws of the State of California shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.
You further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and Armchair Quarterback and may be entered as a judgment in any court of competent jurisdiction.
Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND ARMCHAIR QUARTERBACK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30-Day Right to Opt-Out
You have the right to opt out of the Binding Arbitration and Class Action Waiver provisions set forth above within 30 days from the date that you first consent to this agreement (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to the address in the Notices section with (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with Armchair Quarterback through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with Armchair Quarterback. If Users opt-out of these provisions, Armchair Quarterback also will not be bound by them. Any opt-out requests received after the Opt-Out Deadline will not be valid and users must pursue their dispute through Binding Arbitration.
Relationship of Parties/No Third-party Beneficiaries
Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and Armchair Quarterback as a result of this Agreement or their use of the Armchair Quarterback Service. Users agree not to hold themselves out as representatives, agents, operators, distributors, or employees of Armchair Quarterback and Armchair Quarterback shall not be liable for any of their representations, acts, or omissions. Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Users agree that they shall not circumvent or attempt to circumvent these Terms or the Armchair Quarterback Service or otherwise interrupt or attempt to interrupt the operations of Armchair Quarterback (collectively, a “Circumvention Act”). If Armchair Quarterback determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Armchair Quarterback Service, then, in such an event, Armchair Quarterback reserves the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
Users further agree to indemnify, save, and hold harmless Armchair Quarterback and the Armchair Quarterback Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the Armchair Quarterback Service, any violation by Users of this Agreement, or any breach of the representations, warranties, and covenants made by Users herein. Armchair Quarterback reserves the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify Armchair Quarterback, and Users agree to cooperate with Armchair Quarterback’s defense of these claims. Armchair Quarterback will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their Armchair Quarterback Account or of the Armchair Quarterback Service.
Armchair Quarterback shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Armchair Quarterback Inc.
531 Encinitas Blvd. Suite 111
Encinitas, CA 92024
Copyright © 2019 AQB - All Rights Reserved.
contact us at firstname.lastname@example.org